Loading...
HomeMy WebLinkAbout2810 1 RESOLUTION NO 2 8 1 0 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 AGREEMENT FOR SERVICES WITH THE AUBURN FOOD BANK TO PURCHASE 5 AND PROVIDE FOOD TO AUBURN RESIDENTS DURING 1997 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 8 9 Section 1 The Mayor and City Clerk of the City of 10 Auburn, Washington, are hereby authorized to enter into an 11 Agreement for Services with The Auburn Food Bank to provide 12 for the purchase and providing of food to Auburn residents 13 during 1997 A copy of the Agreement is attached and is 14 15 designated as Exhibit "A" and is incorporated by reference in 16 this Resolution 17 Section 2 The Mayor is hereby authorized to implement 18 such administrative procedures as may be necessary to carry 19 20 out the directives of this legislation 21 22 23 24 25 26 Resolution No 2810 January 16, 1997 Page 1 1 2 DATED and SIGNED this 18th day of February, 1997 3 4 CITY OF AUBURN 5 6 - •-f 7 � \n110,r't'e aa2 8 CHARLES A BOOTH MAYOR 9 10 11 ATTEST 12 13 14 25- ( /l.J a / 15 Robin Wohlhueter, City Clerk 16 17 18 APPROVED AS TO FORM 19 20 jliScgi& 21 22 Michael J Reynolds, City Attorney 23 24 25 26 Resolution No 2810 January 16, 1997 Page 2 ORIGINAL 1 AGREEMENT FOR SERVICES 2 3 �7 THIS AGREEMENT made and entered into this f0 — day of 4 g7cc(,_ , 1997, by and between the CITY OF AUBURN, 5 a municipal corporation of the State of Washington, hereafter 6 referred to as "CITY" and THE AUBURN FOOD BANK, a non-profit 7 corporation organized under the laws of the State of 8 Washington, whose mailing address is P 0 Box 464 , Auburn, 9 Washington 98071 and service address is 930 18th Place 10 Northeast, Auburn, Washington 98002 , hereinafter referred to 11 as "THE AUBURN FOOD BANK" 12 WHEREAS, THE AUBURN FOOD BANK provides a valuable service 13 to the CITY and its residents through the dispensation of 14 food; and 15 WHEREAS, the CITY is interested in continuing support of 16 the dispensation of food 17 NOW, THEREFORE, In consideration of the covenants and 18 conditions of this Agreement , the parties agree as follows 19 1 PURPOSE, 20 The purpose of this Agreement is to provide for an 21 appropriation to THE AUBURN FOOD BANK to be used for the 22 purchase and providing of food to Auburn residents during the 23 1997 term This continued support is in recognition of the 24 25 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 fd\agree\afb97) January 16, 1997 Page 1 1 2 fact that the demand for the services delivered by THE AUBURN 3 FOOD BANK continues to rise 4 2 . SCOPE OF SERVICES. 5 The parties agree and understand that THE AUBURN FOOD 6 BANK agrees to use the appropriation for the purchase of food 7 to be provided to Auburn residents at local distribution 8 site (s) within the Auburn Community Services shall include 9 but are not limited to those services described as follows 10 A Distribution of packaged, canned, fresh and 11 preparable food items to Auburn residents who lack 12 sufficient economic resources to provide themselves 13 with regular meals and a balanced diet 14 B Education of the community concerning (1) the 15 importance of food in the community; (2) the 16 inability of certain segments of the community' s 17 population to acquire necessary food independent of 18 the food bank; and (3) the importance of the role of 19 the Auburn Food Bank in the Auburn Community 20 In addition, THE AUBURN FOOD BANK agrees to work closely 21 with the CITY OF AUBURN in developing and improving other ways 22 to address the needs of Auburn residents served through THE 23 AUBURN FOOD BANK 24 25 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 id\agree\afb97) January 16, 1997 Page 2 1 2 3 . TERM. 3 The term of this Agreement shall commence on January 1, 4 1997 and shall expire on December 31, 1997 5 4 COMPENSATION. 6 As full and total payment for the services provided under 7 this Agreement, the CITY agrees to pay THE AUBURN FOOD BANK an 8 amount not to exceed SIX THOUSAND DOLLARS ($6 , 000) THE 9 AUBURN FOOD BANK will submit a statement to the CITY quarterly 10 describing services that it has rendered under the terms of 11 this Agreement and the CITY will pay an amount equal to one- 12 quarter of the total amount by the twenty-eighth (28th) day of 13 the month following the end of the quarter However, the 14 final statement of services rendered will be submitted on or 15 before December 15, 1997 16 5 . INDEMNIFICATION. 17 THE AUBURN FOOD BANK agrees to defend, indemnify, and 18 hold harmless the CITY, its elected and appointed officials, 19 employees and agents from and against any and all claims, 20 demands and/or causes of action of any kind or character 21 whatsoever arising out of or relating to services provided by 22 THE AUBURN FOOD BANK, its employees, volunteers or agents 23 concerning any and all claims by any persons for alleged 24 injury or damage to persons or property to the extent caused 25 by the negligent acts, errors or omissions of THE AUBURN FOOD 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 3 1 2 BANK, its employees, volunteers or agents or representatives 3 In the event that any suit or claim for damages based upon 4 such claim, action, loss or damage is brought against the 5 CITY, THE AUBURN FOOD BANK shall defend the same as its sole 6 costs and expense; provided that the CITY retains the right to 7 participate in said suit if any principle of governmental or 8 public law is involved; and if final judgment be rendered 9 against the CITY and/or its officers, elected officials, 10 agents and employees or any of them or jointly against the 11 CITY and THE AUBURN FOOD BANK and their respective officers, 12 agents, volunteers, employees or any of them, THE AUBURN FOOD 13 BANK shall fully satisfy the same and shall reimburse the CITY 14 any costs and expense which the CITY has incurred as a result 15 of such claim or suit The provisions of this section shall 16 survive the expiration or termination of this Agreement 17 6 INDEPENDENT AGREEM NT OR/ASSIGNMENT. 18 The parties agree and understand that THE AUBURN FOOD 19 BANK is an independent contractor and not the agent or 20 employee of the CITY and that no liability shall attach to the 21 CITY by reason of entering into this Agreement except as 22 provided herein The services required under this Agreement 23 may not be assigned or subcontracted by THE AUBURN FOOD BANK 24 without the prior written consent of the CITY 25 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 4 1 2 7 INSURANCE. 3 THE AUBURN FOOD BANK shall procure and maintain for the 4 duration of this Agreement insurance against claims for 5 injuries to persons or property which may arise from or in 6 connection with services provided by THE AUBURN FOOD BANK, it 7 agents, employees or volunteers under this Agreement THE 8 AUBURN FOOD BANK agrees to provide comprehensive general 9 liability insurance and shall maintain liability limits of not 10 less than ONE MILLION DOLLARS ($1 , 000 , 000) combined single 11 limit coverage per occurrence for bodily injury, personal 12 injury and property damage THE AUBURN FOOD BANK shall also 13 provide and maintain professional liability coverage including 14 errors and omissions coverage in the minimum liability amount 15 of ONE MILLION DOLLARS ($1, 000 , 000) combined single limit per 16 occurrence for bodily injury, personal injury and property 17 damage Any deductibles or self insured retentions in either 18 policies must be declared to and approved by the CITY At the 19 option of the CITY either The insurer shall reduce or 20 eliminate such deductibles or self insured retentions as 21 respects the CITY, its officials and employees ; or THE AUBURN 22 FOOD BANK shall procure a bond guaranteeing payment of losses 23 and related investigations, claim administration and defense 24 expenses The policies are to contain or be endorsed to 25 contain the following provisions 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb97) January 16, 1997 Page 5 1 2 1 GENERAL LIABILITY COVERAGE: 3 (a) The CITY, its elected and appointed officials, 4 employees and agents are to be covered as insureds 5 as respects Liability arising out of services and 6 activities performed by or on behalf of THE AUBURN 7 FOOD BANK, its employees, agents and volunteers 8 The coverage shall contain no special limitations on 9 the scope of protection afforded to the CITY, its 10 elected and appointed officials, employees or 11 agents 12 2 GENERAL LIABILITY AND PROFESSIONAL LIABILITY 13 COVERAGES. 14 (a) THE AUBURN FOOD BANK' S insurance coverage shall 15 be primary insurance as respects the CITY, its 16 officials, employees and agents Any insurance 17 or self insurance maintained by the CITY, its 18 officials, employees or agents shall be in 19 excess of THE AUBURN FOOD BANK' S insurance and 20 shall not contribute with it 21 (b) Any failure to comply with reporting provisions 22 of the policy shall not affect coverage 23 provided to the CITY, its officials, employees 24 or agents 25 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16 1997 Page 6 1 2 (c) Coverage shall state that THE AUBURN FOOD 3 BANK' S insurance shall apply separately to each 4 insured against whom claim is bought or suit is 5 brought except with respect to the limits to 6 the insurer ' s liability (d) Each insurance policy required by this clause 7 8 shall be endorsed to state that coverage shall 9 not be suspended, voided, cancelled, reduced in 10 coverage, or in limits except after thirty (30) 11 days prior written notice by certified mail 12 return receipt requested has been given to the 13 CITY THE AUBURN FOOD BANK agrees to provide 14 copies of the Certificates of Insurance to the 15 CITY at the time that this Agreement takes 16 effect 17 (e) THE AUBURN FOOD BANK shall furnish the CITY 18 with Certificates of Insurance and with 19 original endorsements affecting coverage 20 required by this clause The certificate and 21 endorsements for each insurance policy are to 22 be signed by a person authorized by that 23 insurer to bind coverage on its behalf The 24 CITY reserves the right to require complete, 25 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb97) January 16, 1997 Page 7 1 2 certified copies of all required insurance 3 policies at any time 4 (f) THE AUBURN FOOD BANK shall include all 5 volunteers, employees and agents under its 6 policies or shall furnish separate certificates and endorsements for each All coverages for 7 8 volunteers shall be subject to all the 9 requirements stated herein 10 8 NONDISCRIMINATION 11 THE AUBURN FOOD BANK shall not discriminate under any 12 services or programs to which this Agreement may apply 13 directly or through contractual or other arrangements on the 14 grounds of race, color, creed, religion, national origin, sex, 15 age, or the presence of any sensory, mental or physical 16 handicap 17 9 . BOOKS AND RECORDS . 18 THE AUBURN FOOD BANK agrees to maintain separate accounts 19 and records in accordance with State Auditor' s procedures, 20 including personnel, property, financial and programmatic 21 records which sufficiently reflect direct and indirect costs 22 and services performed under this Agreement THE AUBURN FOOD 23 BANK agrees to maintain all books and records relating to this 24 Agreement for a period of three (3) years following the date 25 that this Agreement is expired or otherwise terminated The 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 <d\agree\afb97) January 16, 1997 Page 8 1 2 parties agree that the CITY OF AUBURN may inspect such 3 documents upon good cause at any reasonable time within the 4 three (3) year period 5 10 TERMINATION OF AGREEMENT. 6 This Agreement may be terminated by either party upon ten 7 (10) days written notice should the other party fail 8 substantially to perform in accordance with its terms through 9 no fault of the other 10 11 GENERAL PROVISIONS. 11 11 1 THE AUBURN FOOD BANK agrees to submit a report 12 to the CITY no later than December 15, 1997, 13 describing the progress and activities 14 performed for the year 1997 under its scope of 15 services 16 11 2 This Agreement shall be governed by the laws, 17 regulations and ordinances of the City of 18 Auburn, the State of Washington, and County of 19 King and where applicable, Federal laws 20 11 3 The CITY and THE AUBURN FOOD BANK respectively 21 bind themselves, their successors, volunteers, 22 assigns and legal representatives to the other 23 party to this Agreement and with respect to 24 all covenants to this Agreement 25 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb97) January 16, 1997 Page 9 1 2 11 4 This Agreement represents the entire and 3 integrated Agreement between the CITY and THE 4 AUBURN FOOD BANK and supersedes all prior 5 negotiations This Agreement may be amended 6 only by written instrument signed by both the CITY and THE AUBURN FOOD BANK 7 8 11 5 Should it become necessary to enforce any term 9 or obligation of this Agreement, then all costs 10 of enforcement including attorneys fees and 11 expenses and court costs shall be paid to the 12 substantially prevailing party 13 11 6 THE AUBURN FOOD BANK agrees to comply with all 14 local, state and federal laws applicable to its 15 performance under this Agreement 16 17 CITY OF AUBURN 18 19 20 6Rrles- n'd ��rro CHARLES A BOOTH 21 MAYOR 22 23 24 25 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb97) January 16, 1997 Page 10 1 ATTEST 2 3 4 /91-47/1%1L/002/17 1�u� 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM 9 10 I , 11 Michael J Reynolds , 12 City Attorney 13 14 15 16 THE AUBURN FOOD BANK 17 18 BY 19 20 / 21 TITLE Aleta ,,/K,Jr4f,r 22 23 24 25 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb97) January 16, 1997 Page 11 1 STATE OF WASHINGTON ) 2 ) ss COUNTY OF KING ) 3 4 On this (20 day of "J72i 1,(v , 1997, before 5 me, the undersigned, a Notary Public in and for the State of 6 Washington, personally appeared \dick, "R La(Pr'tc/ , 7 to me known to be the Executive Director of THE AUBURN FOOD 8 BANK, the non-profit corporation that executed the within and g foregoing instrument, and acknowledged said instrument to be 10 the free and voluntary act and deed of said non-profit -corporation for the uses- and purposes therein :mentioned, and 11 on oath stated that he/she is authorized .to execute said 12 instrument on behalf of .said non-profit corporation 13 14 IN WITNESS WHEREOF, I have hereunto set my hand and 15 affixed my official seal the date hereinabove set forth 17 •� FARgjNllll �_ i G 1.,J MA ��c,/c�✓ sew Q y Jet?N.... 1- rri12 fnvl 18 °Qi= s'��Olio, NOTARY PUBLIC in and for the State of 19 e , NOTMY S Z a Washington, residing in 21UCK of S N's PUMA $# t ..-4!,,,,i) _ ?� MY COMMISSION expires //// �7 9 ' -;/1,-___."-9a ,t .: 20 •111 ��jj 21 4 9 WAS 22 23 24 25 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 12 G'tU'Of fr: i\ CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK Robin Wohlhueter,City clerk 25 West Main, Auburn,WA 98001 Dani Daskam,Deputy City Clerk 1 iW 1.ii City Clerk:(206)931-3039 Tamie Bothell,Records/License Clerk Business Registration:(206)931-3007 Fax (206)931-3053 STATE OF WASHINGTON) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2810 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2810 " I certify that said Resolution No 2810 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 18th day of February, 1997 Witness my hand and the seal of the City of Auburn this 20th day of June, 1997 Robin Wohlhueter City Clerk City of Auburn Ar t • CITY OF AUBURN INTEROFFICE MEMORANDUM TO Patti Zook, Planning Secretary FROM. Robin Wohlhueter, City Clerk SUBJECT Social Service Agency Contracts DATE. February 21, 1997 Per your request, the below listed social service agency contracts are transmitted to you. As you are aware, the City Council adopted the below listed Resolutions on February 18, 1997 A copy of each resolution is provided along with the original contracts that have been executed by the City of Auburn. 1) Resolution No. 2802 Authorizes an Agreement with Auburn Christian Action Program Day Care (ACAP) for parenting classes during 1997 2) Resolution No. 2803 Authorizes an Agreement with Auburn Christian Action Program Day Care (ACAP) for child care services during 1997 3) Resolution No. 2804 Authorizes an Agreement with Auburn Community Suppers to provide meals for the needy during 1997 4) Resolution No. 2805 Authorizes an Agreement with Auburn Youth Resources for support services for youth and families in the Auburn Community for 1997 5) Resolution No. 2806 Authorizes an Agreement with Children's Home Society to provide child care services through the families first program for 1997 6) Resolution No. 2807 Authorizes an Agreement for Services with Community Health Centers of South King County to provide health services to Auburn residents during 1997 7) Resolution No. 2810 Authorizes an Agreement for Services with the Auburn Food Bank to purchase and provide food to Auburn residents during 1997 Memo to Patti Zook February 21, 1997 Page No. 2 8) Resolution No. 2811 Authorizes an Agreement with King County Sexual Assault Resource Center to providing counseling services to rape and other sexual assault victims in the Auburn area during 1997 9) Resolution No. 2812 Authorizes an Agreement with Valley Cities Counseling and Consultation to provide mental health services for Auburn residents during 1997 10) Resolution No. 2813 Authorizes an Agreement for Services with Washington Women's Employment and Education to provide employment training services to Auburn residents participating in the Auburn Healthy Families Program during 1997 All agreements require a notarized signature from the appropriate social services agency official. Additionally, a certificate of insurance naming the City of Auburn as an additional insured is required to be on file with the original agreement that requests it. Other provisions such as reports should be filed appropriately Please file original agreements or contracts with our office for filing with the original resolution File; Contract Administration, Pending f:\clerk\cont\R E S2802 �.. • ORIGINAL 1 AGREEMENT FOR SERVICES 2 3 THIS AGREEMENT made and entered into this day of 4 , 1997, by and between the CITY OF AUBURN, 5 a municipal corporation of the State of Washington, hereafter 6 referred to as "CITY" and THE AUBURN FOOD BANK, a non-profit 7 corporation organized under the laws of the State of 8 Washington, whose mailing address is P O Box 464 , Auburn, 9 Washington 98071 and service address is 930 18th Place 10 Northeast , Auburn, Washington 98002 , hereinafter referred to 11 as "THE AUBURN FOOD BANK" 12 WHEREAS, THE AUBURN FOOD BANK provides a valuable service 13 to the CITY and its residents through the dispensation of 14 food; and 15 WHEREAS, the CITY is interested in continuing support of 16 the dispensation of food 17 NOW, THEREFORE, In consideration of the covenants and 18 conditions of this Agreement, the parties agree as follows 19 1 PURPOSE. 20 The purpose of this Agreement is to provide for an 21 22 appropriation to THE AUBURN FOOD BANK to be used for the 23 purchase and providing of food to Auburn residents during the 24 1997 term This continued support is in recognition of the 25 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb97) January 16, 1997 Page 1 Jew 1 2 fact that the demand for the services delivered by THE AUBURN 3 FOOD BANK continues to rise 4 2 SCOPE OF SERVICES . 5 The parties agree and understand that THE AUBURN FOOD 6 BANK agrees to use the appropriation for the purchase of food to be provided to Auburn residents at local distribution 8 site (s) within the Auburn Community Services shall include 9 but are not limited to those services described as follows 10 A Distribution of packaged, canned, fresh and 11 preparable food items to Auburn residents who lack 12 sufficient economic resources to provide themselves 13 with regular meals and a balanced diet 14 B Education of the community concerning (1) the 15 importance of food in the community; (2) the 16 inability of certain segments of the community' s 17 population to acquire necessary food independent of 18 the food bank; and (3) the importance of the role of 19 the Auburn Food Bank in the Auburn Community 20 In addition, THE AUBURN FOOD BANK agrees to work closely 21 with the CITY OF AUBURN in developing and improving other ways 22 to address the needs of Auburn residents served through THE 23 AUBURN FOOD BANK 24 25 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 2 1 2 3 TERM. 3 The term of this Agreement shall commence on January 1 , 4 1997 and shall expire on December 31 , 1997 5 4 COMPENSATION. 6 As full and total payment for the services provided under 7 this Agreement, the CITY agrees to pay THE AUBURN FOOD BANK an 8 amount not to exceed SIX THOUSAND DOLLARS ($6 , 000) THE 9 AUBURN FOOD BANK will submit a statement to the CITY quarterly 10 describing services that it has rendered under the terms of 11 this Agreement and the CITY will pay an amount equal to one- 12 quarter of the total amount by the twenty-eighth (28th) day of 13 the month following the end of the quarter However, the 14 final statement of services rendered will be submitted on or 15 before December 15 , 1997 16 5 INDEMNIFICATION. 17 THE AUBURN FOOD BANK agrees to defend, indemnify, and 18 hold harmless the CITY, its elected and appointed officials, 19 employees and agents from and against any and all claims, 20 demands and/or causes of action of any kind or character 21 whatsoever arising out of or relating to services provided by 22 THE AUBURN FOOD BANK, its employees, volunteers or agents 23 concerning any and all claims by any persons for alleged 24 injury or damage to persons or property to the extent caused 25 by the negligent acts, errors or omissions of THE AUBURN FOOD 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb973 January 16, 1997 Page 3 1 2 BANK, its employees, volunteers or agents or representatives 3 In the event that any suit or claim for damages based upon 4 such claim, action, loss or damage is brought against the 5 CITY, THE AUBURN FOOD BANK shall defend the same as its sole 6 costs and expense; provided that the CITY retains the right to 7 participate in said suit if any principle of governmental or 8 public law is involved; and if final judgment be rendered 9 against the CITY and/or its officers, elected officials, 10 agents and employees or any of them or jointly against the 11 CITY and THE AUBURN FOOD BANK and their respective officers, 12 agents, volunteers, employees or any of them, THE AUBURN FOOD 13 BANK shall fully satisfy the same and shall reimburse the CITY 14 any costs and expense which the CITY has incurred as a result 15 of such claim or suit The provisions of this section shall 16 survive the expiration or termination of this Agreement 17 6 . INDEPENDENT AGREEMENT OR/ASSIGNMENT. 18 The parties agree and understand that THE AUBURN FOOD 19 BANK is an independent contractor and not the agent or 20 employee of the CITY and that no liability shall attach to the 21 CITY by reason of entering into this Agreement except as 22 provided herein The services required under this Agreement 23 may not be assigned or subcontracted by THE AUBURN FOOD BANK 24 without the prior written consent of the CITY 25 26 ---- --- ---- -- ----Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 Cd\agree\afb97) January 16, 1997 Page 4 1 2 7 INSURANCE. 3 THE AUBURN FOOD BANK shall procure and maintain for the 4 duration of this Agreement insurance against claims for 5 injuries to persons or property which may arise from or in 6 connection with services provided by THE AUBURN FOOD BANK, it 7 agents , employees or volunteers under this Agreement THE 8 AUBURN FOOD BANK agrees to provide comprehensive general 9 liability insurance and shall maintain liability limits of not 10 less than ONE MILLION DOLLARS ($1, 000, 000) combined single 11 limit coverage per occurrence for bodily injury, personal 12 injury and property damage THE AUBURN FOOD BANK shall also 13 provide and maintain professional liability coverage including 14 errors and omissions coverage in the minimum liability amount 15 of ONE MILLION DOLLARS ($1, 000 , 000) combined single limit per 16 occurrence for bodily injury, personal injury and property 17 damage Any deductibles or self insured retentions in either 18 policies must be declared to and approved by the CITY At the 19 option of the CITY either The insurer shall reduce or 20 eliminate such deductibles or self insured retentions as 21 respects the CITY, its officials and employees ; or THE AUBURN 22 FOOD BANK shall procure a bond guaranteeing payment of losses 23 and related investigations, claim administration and defense 24 expenses The policies are to contain or be endorsed to 25 contain the following provisions 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 td\agree\afb97) January 16, 1997 Page 5 1 2 1 GENERAL LIABILITY COVERAGE. 3 (a) The CITY, its elected and appointed officials, 4 employees and agents are to be covered as insureds 5 as respects Liability arising out of services and 6 activities performed by or on behalf of THE AUBURN 7 FOOD BANK, its employees, agents and volunteers 8 The coverage shall contain no special limitations on 9 the scope of protection afforded to the CITY, its 10 elected and appointed officials, employees or 11 agents 12 2 GENERAL LIABILITY AND PROFESSIONAL LIABILITY 13 COVERAGES . 14 (a) THE AUBURN FOOD BANK' S insurance coverage shall 15 be primary insurance as respects the CITY, its 16 officials, employees and agents Any insurance 17 or self insurance maintained by the CITY, its 18 officials, employees or agents shall be in 19 excess of THE AUBURN FOOD BANK' S insurance and 20 shall not contribute with it 21 (b) Any failure to comply with reporting provisions 22 of the policy shall not affect coverage 23 provided to the CITY, its officials, employees 24 or agents 25 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 6 1 2 (c) Coverage shall state that THE AUBURN FOOD 3 BANK' S insurance shall apply separately to each insured against whom claim is bought or suit is 4 5 brought except with respect to the limits to 6 the insurer' s liability 7 (d) Each insurance policy required by this clause 8 shall be endorsed to state that coverage shall 9 not be suspended, voided, cancelled, reduced in 10 coverage, or in limits except after thirty (30) 11 days prior written notice by certified mail 12 return receipt requested has been given to the 13 CITY THE AUBURN FOOD BANK agrees to provide 14 copies of the Certificates of Insurance to the 15 CITY at the time that this Agreement takes 16 effect 17 (e) THE AUBURN FOOD BANK shall furnish the CITY 18 with Certificates of Insurance and with 19 original endorsements affecting coverage 20 required by this clause The certificate and 21 endorsements for each insurance policy are to 22 be signed by a person authorized by that 23 insurer to bind coverage on its behalf The 24 CITY reserves the right to require complete, 25 26 ---- --- ------- --- ---- Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 7 1 2 certified copies of all required insurance 3 policies at any time 4 (f) THE AUBURN FOOD BANK shall include all 5 volunteers, employees and agents under its 6 policies or shall furnish separate certificates and endorsements for each All coverages for 7 8 volunteers shall be subject to all the 9 requirements stated herein 10 8 . NONDISCRIMINATION 11 THE AUBURN FOOD BANK shall not discriminate under any 12 services or programs to which this Agreement may apply 13 directly or through contractual or other arrangements on the 14 grounds of race, color, creed, religion, national origin, sex, 15 age, or the presence of any sensory, mental or physical 16 handicap 17 9 BOOKS AND RECORDS . 18 THE AUBURN FOOD BANK agrees to maintain separate accounts 19 and records in accordance with State Auditor ' s procedures, 20 including personnel, property, financial and programmatic 21 records which sufficiently reflect direct and indirect costs 22 and services performed under this Agreement THE AUBURN FOOD 23 BANK agrees to maintain all books and records relating to this 24 Agreement for a period of three (3) years following the date 25 that this Agreement is expired or otherwise terminated The 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 8 pi 1 ATTEST 2 3 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM 9 10 11 Michael J Reynolds, 12 City Attorney 13 14 15 16 THE AUBURN FOOD BANK 17 18 BY 19 20 21 TITLE 22 23 24 25 26 Agreement - The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 (d\agree\afb97) January 16, 1997 Page 11 . 4 • 1 STATE OF WASHINGTON ) 2 ) ss COUNTY OF KING 3 4 On this day of , 1997, before 5 me, the undersigned, a Notary Public in and for the State of 6 Washington, personally appeared 7 to me known to be the Executive Director of THE AUBURN FOOD 8 BANK, the non-profit corporation that executed the within and 9 foregoing instrument, and acknowledged said instrument to be 10 the free and voluntary act and deed of said non-profit 11 corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said 12 instrument on behalf of said non-profit corporation 13 14 IN WITNESS WHEREOF, I have hereunto set my hand and 15 affixed my official seal the date hereinabove set forth 16 17 18 NOTARY PUBLIC in and for the State of Washington, residing in 19 MY COMMISSION expires 20 21 22 23 24 25 26 Agreement The Auburn Food Bank 1997 Exhibit "A" Resolution No. 2810 td\agree\afb97) January 16, 1997 Page 12